Brizzi Wants Bisard Blood Test Admitted As Evidence
Judge Delays Change Of Venue Ruling
8:36 AM, Oct 29, 2010
An Indianapolis police officer who investigators said was drunk on duty when he hit a group of motorcyclists appeared before a judge Friday morning with two key issues in the case in play.Officer David Bisard was charged with reckless homicide and criminal recklessness after an Aug. 6 crash that killed one motorcyclists and injured two more.Marion County Prosecutor Carl Brizzi said Friday he will file a motion to allow Bisard's blood-alcohol test into evidence to help back up the reckless homicide charge."This is something that we think is available to us to show reckless behavior," Brizzi said.The test, which prosecutors said showed the officer's blood-alcohol level was 0.19 two hours after the crash, was not properly procured per policy involving a fatal crash. Brizzi previously dropped alcohol-related charges.Bisard's defense team will protest the prosecutor's motion, and the judge will set a hearing on that specific issue, 6News' Jack Rinehart reported.The judge said he will not yet rule on a change of venue request, but asked both sides to get together to discuss where the case could be moved."Obviously, we're continuing to encourage the judge to go ahead and get the change of venue," said Bisard's attorney, John Kautzman. "I think he's doing the wise thing to start looking at other counties that this may go to."The legal maneuvers came a day after Sgt. Bill Owensby, the president of the local Fraternal Order of Police, said local and federal investigations into the crash had been completed.Marion County Public Safety Director Frank Straub said he is reviewing documents related to the Bisard case and that the report isn't completed, but he expects a public release by the middle of next month.The crash ignited a firestorm of controversy surrounding the department, including allegations that fellow officers intentionally covered up for Bisard.Owensby said that he had heard the report will not recommend any discipline, criminal charges or federal charges associated with officers' handling of the case.At Friday's hearing, victim Mary Mills, who hasn't walked since the crash, was surrounded by fellow motorcyclists."We're together. People need to understand us out on the road, look out for us," said biker George Burt. "We're the same as you guys are. And we're a family and we're getting bigger."Bisard remains suspended pending termination from the Indianapolis Metro Police Department.